A farmer received a 12-month jail sentence on Wednesday after shooting another farmer and his dog, in a “feud” over a passageway linking their lands last year.

Ted O’Donoghue (74) shot and injured John Hayes (66) on 16 June 2017, at Ballycasey, Kildimo, Co Limerick.

The pensioner who is in poor health, and who appeared in court with two walking aids, will spend Christmas with his family as his sentence was deferred to 7 January 2019, to allow him get his affairs in order.

He must present himself at Henry Street garda station on this date to begin his sentence at Limerick Prison.

He wanted to open the gate. I blazed at him. I fired a shot at him, and that’s that

The case

Limerick Circuit Court heard that a spray of pellets from a shot that was fired from Mr O’Donoghue’s legally-held shotgun, had travelled through Mr Hayes’s tractor, injuring him in the shoulder, and killing his sheepdog Lassie.

Mr O’Donoghue, of Kilmoreen, Kildimo, admitted firing at John Hayes from the licensed gun.

He pleaded guilty to all three charges against him, which were one count of a reckless discharge of a firearm; one count of assault causing harm to Mr Hayes; and one count of animal cruelty.

Around 10.30am, on the morning of the shooting, Mr Hayes was about to open an access gate at the right of way, when he was met by Mr O’Donoghue who was holding the shotgun.

Mr O’Donoghue said he told Mr Hayes, “you are never coming in here again” and then fired at him.

Following his arrest, Mr O’Donoghue told gardai he believed the passageway was being destroyed by tractors travelling up and down it.

“They have it tore asunder with tractors ... but I’ll stop them,” he said.

He told gardai he went and shot Mr Hayes after he had observed him driving his tractor towards the right of way on the morning in question.

He said that, having travelled ahead of Mr Hayes in his own van, he got out of the vehicle and shot him.

“He wanted to open the gate. I blazed at him. I fired a shot at him, and that’s that,” he told gardai.

“I shot at him ... he was outside the gate, but, it’s my land,” he also said.

“He shouldn’t have been there. He was trespassing."

When asked by gardai if he had deliberately shot Mr Hayes, he replied: “Not exactly ... I don’t know ... I don’t think so.”

Impact

Mr Hayes wrote in a victim impact statement afterwards, that he became “withdrawn socially, fearful, and stressed” following the shooting.

“I was sure he was going to kill me. He had an angry look about him.

“He fired the gun. I was shocked.

“I heard ‘Lass’ scream. I was terrified,” he added.

Garda Jason Mitchell ofNewcastle West garda station, told an earlier hearing at Limerick District Court that the shooting was part of “a long running feud over a right of way”.

Mr O’Donoghue’s barrister, Anthony Salmon SC, had later stressed in a sentencing hearing in the Circuit Circuit last October that there had been “no intent” to endanger Mr Hayes.

Dispute

The court heard the right of way is located on Mr O’Donghue’s land, and that it is the access route to a number of other farmers' land.

Mr O’Donoghue became “obsessed” about the passageway, Mr Salmon said.

A neighbour told gardai there had been tensions between Mr O’Donghue and other farmers, about the right of way, for 40 years.

Mr O’Donoghue “tried to deal with it through solicitors, but he wasn't getting anywhere with it”, Mr Salmon said.

“It was festering away. It was like an obsession boiling over.”

Mr O’Donoghue is “a decent hard-working man”, he added.

“These disputes have a way of turning right minded people into obsessive fools. Incidents of a minor nature can become obsessive and overshadow their lives,” Mr Salmon added.

Mr O’Donoghue “deeply deeply regrets his actions”, Salmon said.

Knife incident

The court also heard how, nine months prior to the shooting, Mr O’Donghue was charged for producing a knife during a row with the son of another local farmer.

Arising out of this, Mr O’Donoghue appeared in Newcastle West District Court, but he escaped without a conviction after the court applied the Probation Act.

Handing out today’s sentence, Judge Tom O’Donnell noted the victim, John Hayes, had suffered a “substantial psychological fallout” following the shooting.

The judge said he took into account Mr O’Donoghue was “deeply attached to the land”, but he said, he had to impose a custodial sentence, despite the defendant’s age and poor health.

He sentenced Mr O’Donoghue to two and a half years in prison, suspending the final 18 months.